Boxing referee sues California Commission for alleged in-ring exposure to HIV

Marcos Rosales, a well-known combat sports judge and referee, has filed a lawsuit against the California State Athletic Commission after he was allegedly assigned to referee a bout in which one of the fighters was HIV positive.

The lawsuit, which was filed in the Los Angeles Superior Court, states that the fight which took place at a Glory kickboxing event was a "particularly bloody" one.

Rosales and his wife Rosemarie, who is listed as a co-plaintiff, are claiming that there was a "breach of mandatory duty and negligence" on the commission's behalf, per a report by MMA Fighting.

The event took place in late March 2018 and Rosales claims that a few days after the bout he was contacted by Andy Foster of CSAC and was told that the commission "screwed up" and that he had "bad news," before informing Rosales that one of the fighters in a bout he officiated had HIV.

Rosales also claims that he may have inadvertently exposed his wife to the virus in the days following the bout before he was informed of the potential health hazard.

"Mr. Rosales was shocked and distressed to learn that he had been exposed to HIV, and that he had exposed his wife as well,” the lawsuit claims. "Mr. Rosales informed Ms. Rosales, who was extremely upset by the news. The bout turned out to be the particularly bloody one.

Athletes are asked to complete a battery of medical tests before being allocated a licence to fight, though it is unclear how this particular information remained undiscovered. Foster declined to comment when contacted by MMA Fighting on Friday.

Tests later concluded that neither of the Rosales had contracted the HIV virus, though the lawsuit claims "severe emotional distress" and that the commission failed in their stated aim of protecting to protects fighters and officials alike from the disease.

"Plaintiffs suffered additional emotional distress during the period that they waited for test results,” the lawsuit claims.

"Both suffered, and continue to suffer, mental pain and anguish from their injuries, and have lost and will continue to lose enjoyment of life. Both lost consortium with the other. The effects of the injuries are ongoing and to a degree not yet ascertained are permanent and stationary."

Rosales and his wife are seeking "general and special damages," though a specific monetary figure was not suggested.